UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

isk of detention and serious mistreatment for remaining family members. There are
allegations of collective punishment against men and women, such as rape and other forms
of torture, in cases where family members were wanted by the authorities but had left the
country. 782 In other cases, legislation provided for severe punishment of those that refused
to carry out certain acts. For example, medical doctors who refused to carry out ear
amputations and tattooing of army deserters or evaders in line with RCC Decree 115 of 25
of 25 August 1994 were subject to severe punishment. 783
c) Proportionality Considerations
If it is established that an applicant incurred individual responsibility for acts within the
scope of Article 1F, the final step in the exclusion analysis consists of weighing the
seriousness of the acts in question against the consequences of exclusion for the individual
concerned. 784
d) Consequences of Exclusion
Persons to whom an exclusion clause applies are not eligible for refugee status. They
cannot benefit from international protection under the 1951 Convention, nor under
UNHCR’s mandate. However, they may still be protected against return to a country where
they are at risk of ill-treatment by virtue of other international instruments. 785
It is important to recall, however, that family members of excluded individuals are not
automatically excluded as well. Their claim to refugee status needs to be examined on an
individual basis, and in light of their own situation. Family members may qualify for
refugee status even if their fear of persecution results from their relationship to the excluded
relative. Family members are only excluded if there are serious reasons for considering that
they are also individually responsible for excludable crimes. Where family members have
been recognized as refugees, however, the excluded applicant cannot benefit from the right
to family unity to secure protection or assistance as a refugee. 786
782 UNHCHR, Special Rapporteur of the Commission on Human Rights on the situation of human rights in
Iraq, The Situation of Human Rights in Iraq, A/65/340, 13 September 2001, p. 6-7,
http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/8e85ad0aea73e88bc1256af10051cade/$FILE/N0153521.pdf
; ibidem, A/55/294, 14 August 2000, p. 7, http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/81fd25017cae
76c4c125697a0045cd36/$FILE/N0060774.pdf.
783 UNHCHR, Special Rapporteur of the Commission on Human Rights on the situation of human rights in
Iraq, The Situation of Human Rights in Iraq, A/49/651, para. 53-54 and 65, 8 November 1994,
http://www.unhchr.ch/Huridocda/Huridoca.nsf/TestFrame/4ca4ae2431b4edb880256708005c71fa?Opendocu
ment.
784 Ibidem, para. 76-78.
785 See UNHCR, Guidelines on International Protection No. 5: Application of the Exclusion Clauses: Article
1F of the 1951 Convention relating to the Status of Refugees, HCR/GIP/03/05, 4 September 2003, para. 9,
available in UNHCR’s Refworld at: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=
3f5857684, and UNHCR’s Background Note on Exclusion, see above footnote 741, para. 21-22.
786 See UNHCR, Background Note on Exclusion, see above footnote 741, at paragraphs 94-95.
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